Sweepstake Terms & Conditions

SURVEY SWEEPSTAKES OFFICIAL RULES. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. “Sign up” refers to the completed registration for The Burger Experience® Burger Club email mailing list by Participants in connection with online entry into the “Sweepstakes” drawing. “Sweepstakes” refers to the random awarding of prizes to one Participant. “Participants” are individuals who have timely and accurately completed one of the entry requirements for the Sweepstakes and are otherwise eligible for participation in the Sweepstakes. The “Promotional Post” will be posted on the official Instagram page of The Burger Experience® listing the sweepstakes guidelines and announcing the start. The “Registration Period” is from Wednesday, May 19, 2021, at 5:00PM to Wednesday May 26th,2021 at 11:59PM. The “Award Date” is the date the Sweepstakes winners will be chosen and is 2 days after the Registration Period ends. U.S. Eastern Time shall control for all purposes of the Survey and Sweepstakes. The “Sponsor” of the Sweepstakes is © 2011 Barbeque Integrated, Inc. DBA The Burger Experience® headquartered at 2999 NE 191 Street, Suite 500 Aventura, FL 33180.
The Sweepstakes is governed by these Official Rules; is subject to all applicable U.S. federal, state and local laws; and is void where regulated or prohibited by law. Odds of winning depend on the total number of eligible entries received.
1. ELIGIBILITY: The Sweepstakes is open only to individuals, who, at the time of entry, are (i) legal residents of one of the 50 United States or District of Columbia (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions); (ii) 18 years of age or older.

2. SUBMISSION PERIOD: The Sweepstakes begins when The Burger Experience® posts a promotional post on its official Instagram account (@theburger_x) announcing the Sweepstakes and how to enter (the “Promotional Post”) and runs until Wednesday May 26th,2021 at 11:59PM Eastern Time, which may be extended in Sponsor’s sole discretion (the “Submission Period”).

3. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States who are 18 years of age and older or if different, the age of majority as established by such individual’s state of residence, as of the date of entry. Employees, officers, directors, managers and members, along with their respective immediate family members, of “Sponsor” and its affiliates, and any other entities involved in any manner with the marketing, sponsoring, fulfilling or administration of the “Sweepstakes” (collectively, the “Sweepstakes Entities”), are not eligible to participate or win. The term “immediate family member” includes spouses, parents, step-parents, children, step-children, siblings, step-siblings, grandchildren, step-grandchildren or other family extension, regardless of where they live, and any persons residing in the same residence as the winner at least three (3) months per year, whether related or not.

HOW TO PARTICIPATE: In order to register for the Sweepstakes online, a Participant must: (i) successfully join The Burger Experience® Burger Club email mailing list by visiting https://burgerx.fbmta.com/members/UpdateProfile.aspx?Action=Subscribe&_Theme=36507222320&InputSource=FreeBurgerSweepstakes2021&SweepsSource=Email (ii) follow @theburger_x on Instagram. Only entries received within the “Registration Period” will be eligible for the Sweepstakes prize drawing. To remain eligible, you must also maintain your subscription to the Burger Club email mailing list, and continue to follow @theburger_x on Instagram until the end of the Registration Period. Limit one (1) entry per person. Entries by the same person in excess of the limits stated herein will be disqualified. No faxed, emailed, or telephoned-in entries will be accepted. Use of an automated system to complete the Survey is prohibited and will result in disqualification. Mechanically altered or reproduced entries are not eligible.

Entries must not contain or depict any defamatory, derogatory, obscene, sexually-explicit, abusive, harassing, hateful, discriminatory, threatening, vulgar, or otherwise offensive or inappropriate material and must be otherwise fit for publication, posting and uploading, as determined by Sponsor in its sole discretion. Entries must not contain any references to tobacco, drug paraphernalia, or any description or representation thereof. Entrant may also be rejected and disqualified if entrant has any posts or material linked to entrant’s Facebook page or Instagram account that contains or depicts defamatory, derogatory, obscene, sexually-explicit, abusive, harassing, hateful, discriminatory, threatening or vulgar or otherwise offensive or inappropriate material. Sponsor reserves the right to reject and disqualify any entry that could be offensive or inappropriate or that do not meet the terms and conditions of these Official Sweepstakes Rules.

4. WINNER SELECTION: On the Award Date, one (1) winner will be chosen from among the qualifying entries received, who will receive the grand prize. Potential winning entries are subject to verification, and winners will be required to execute an affidavit of eligibility in order to receive their prize.

5. WINNER NOTIFICATION: Potential winner(s) will be notified by email, based on the email address provided by the Participant in their Sweepstakes entry.

PRIZES: One winner will receive a grand prize of (1) year of a Classic Cheeseburger Combo. Cheeseburger Combo includes (1) single cheeseburger with regular crinkle fries and 22oz fountain drink, excluding any items offered at an additional fee, every week for 52 consecutive weeks. Maximum of (1) Classic Cheeseburger Combo may be redeemed during any weekly period (Monday – Sunday). Any unused weekly redemptions will expire, and are void, and may not be redeemed or exchanged for any other prize or offer. Delivery fees, service fees and convenience fees are excluded. Any and all costs or expenses related to prize acceptance, delivery and use not specified herein as being included in the prize are the winner’s sole responsibility, including but not limited to federal, state and local taxes, and travel costs for redemption/use.

If the “Sponsor” is unsuccessful in its attempt to reach and speak directly with the potential grand prize winner by phone and/or email after two (2) attempts within 48-hours of the initial notification attempt to the phone number or email address associated with that contestant’s entry, then that entrant may be disqualified and an alternate potential grand prize winner may be randomly selected from among the remaining eligible entries and notified as per the procedures outlined above. There will be three (3) alternate drawings after which the associated grand prize will remain unawarded. No transfer, refund, substitution or replacement of prize is permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent in U.S. dollars).

All of the following will apply to the grand prize winner: 1) Winner will be required to complete and return, within 3-days of date of receipt, a prize acceptance form, including an affidavit of eligibility and a liability/publicity release (where permitted); 2) Winner may be required to present a copy of a valid social security card and a valid driver’s license as a condition of participating or receiving any prize; 3) Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, finalist will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein.

6. ODDS OF WINNING: Odds of winning the prize depend on total number of eligible entries received during the Submission Period. Under no circumstances will Sponsor award more than one prize. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes.

7. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: A winner’s acceptance of a prize constitutes the winner’s agreement and consent for Sponsors to use and/or publish winner’s name, likeness, and city and state of residence.

8. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (“Sponsor Parties”) are not responsible for any typographical or other errors in the offer or administration of the Survey, including, but not limited to, errors in the printing or posting of the offer of Official Rules, the selection and announcement of any winner, or the distribution of any prize. Sponsor Parties shall not have any obligation or responsibility, including any responsibility to award any prize to Participants, with regard to: (a) entries that contain inaccurate information or do not comply with the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human, typographical or technical error of any kind; (c) Participants who have committed fraud or deception in entering or participating in the Survey or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; or (f) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Survey or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any Participant it finds to be: (a) tampering with the operation of the Survey, or with any websites promoting the Survey; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Survey multiple times or through the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events outside its control compromise the integrity or viability of the Survey, Sponsor reserves the right to void the entries at issue, modify the Survey and/or terminate the relevant portion of the Survey, including the entire Survey, and/or modify the Survey and/or conduct a random drawing to award the prize(s) using all eligible entries received as of the termination date.

9. THE LEGAL STUFF. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: BY PARTICIPATING IN THE SURVEY, PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS THE SPONSOR AND ANY RELATED PARTIES (collectively “Administrators”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING EMOTIONAL DISTRESS), AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH PREPARATION FOR, OR PARTICIPATION IN, THE SURVEY, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN ANY SURVEY-RELATED ACTIVITY AND FOR ANY CLAIMS OR CAUSES OF ACTION BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVATION OF PRIVACY AND MERCHANDISE DELIVERY. The Administrators assume no responsibility for injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Survey. Participants acknowledge that none of the Administrators has made nor is in any manner responsible or liable for any warranty, representations or guarantees expressed or implied, in fact or in law, relative to any prize. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Participant or Administrator in connection with the Sweepstakes or the Survey, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Florida. In addition, any dispute relating to the Sweepstakes and/or the Survey (including these Official Rules) shall be brought in the appropriate court serving Miami-Dade, Florida and Participants waive any claim of forum non convenient or lack of personal jurisdiction they may have.

Agreement to arbitration is a required condition of your participation. You and the Sponsor agree that if any controversy, allegation, or claim arises out of or relates to the Survey or these Terms and Conditions (“Dispute”), including questions about whether the Dispute is subject to arbitration, that Dispute shall be resolved according to this Section 9. You and the Sponsor also agree that all Disputes shall be determined exclusively by binding arbitration in accordance with the then-current Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (“JAMS”), an independent national arbitration association, before a single arbitrator. Information about JAMS and its expedited rules can be found at www.jamsadr.com or by calling JAMS at (800) 352-5267.
If there is an arbitration, Sponsor will pay for the arbitrator and the forum. If you initiate the arbitration against Sponsor, you will be responsible for a maximum of $250 in costs under JAMS’ Consumer Arbitration Minimum Standards. If Sponsor initiates the arbitration against you, Sponsor will pay JAMS’ fees, including the fees for the arbitrator’s services. If you retain an attorney to represent you, Sponsor will not pay any portion of your attorneys’ fees.
To start the arbitration process, Sponsor or you will send a written request for arbitration to JAMS at 600 Brickell Avenue, Suite 2600, Miami, FL 33131 by U.S. mail or a reputable overnight delivery service (for example, Federal Express). You must also send a copy of any arbitration request to us at 2999 NE 191 Street, Suite 500 Aventura, FL 33180 so we are aware of the arbitration and can pay JAMS’ fee. JAMS will select a location for the arbitration, according to its procedural standards, that will be convenient for you. An arbitrator will be selected, and he or she will issue a final and binding arbitration award in the form of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST INITIATE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES - OR IT WILL BE FOREVER BARRED. “Initiating” means filing for arbitration with JAMS as set forth above. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to a Dispute.
The foregoing provisions of this Section 9 will not apply to any claim by you or Sponsor seeking an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Survey, Sponsor’s operations, and/or Sponsor’s products or services. This Section 9 shall apply to any claims brought by you or Sponsor in any action that does not seek such injunctive or equitable relief.
YOU AGREE TO FILE ONE ARBITRATION THAT INCLUDES ALL OF YOUR DISPUTES AND JOINS ALL KNOWN DISPUTES. FURTHER, YOU AGREE THAT ANY ACTION YOU BRING SHALL BE INDIVIDUALLY ON YOUR OWN BEHALF AND THAT YOU EXPRESSLY WAIVE THE RIGHT TO BRING A DISPUTE ON A CLASS OR COLLECTIVE BASIS IN ANY FORUM, WHETHER IT BE IN ARBITRATION OR IN A COURT. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO FORM A CLASS OR PROCEED ON A COLLECTIVE BASIS. There shall be no right or authority for any Dispute to be arbitrated on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 9 to arbitrate will not apply and the Dispute must be brought exclusively in court in accordance with the venue and jurisdiction provisions set forth below.
Notwithstanding the foregoing, either of us may bring a Dispute in a small claims court of competent jurisdiction, provided the claim qualifies to be heard in such small claims court.
Small claims actions, actions with respect to the enforcement of any arbitration decision or award, or any action or proceeding relating to any Dispute arising hereunder may only be instituted in state or Federal court in Miami-Dade County, Florida. Accordingly, you and Sponsor consent to the exclusive personal jurisdiction and venue of such courts for such matters.
YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO HAVE ANY DISPUTE (AS DEFINED IN THESE TERMS) THAT YOU BRING IN STATE OR FEDERAL COURT HEARD BY A JURY.
The award of such arbitration shall be confidential, final, binding and non-appealable, except to the extent provided under the rules of JAMS, and judgment on the arbitration award may be entered in any court having jurisdiction. NO ARBITRATOR SHALL AWARD DAMAGES THAT ARE INCONSISTENT WITH THE TERMS OF THIS AGREEMENT.